Mittal Soya Protein Private Limited ... vs Madhya Pradesh Paschim Kshetra Vidyut ... on 13 May, 2025
57. Similarly, in Duncans Industries Ltd. v. AJ Agrochem
[Duncans Industries Ltd. v. AJ Agrochem, (2019) 9 SCC 725
: (2019) 4 SCC (Civ) 669] , Section 16-G of the Tea Act,
1953 which required prior consent of the Central Government
(for initiation of winding-up proceedings) was held to be
overridden by IBC. In a similar manner, it is held that Section
238 IBC overrides the provisions of the Electricity Act, 2003
despite the latter containing two specific provisions which
open with non obstante clauses (i.e. Sections 173 and 174).